The accused was charged with impaired driving and over 80 following a severe single-vehicle collision in Burlington on April 23, 2013.
The accused brought multiple Charter applications challenging the validity of the arrest, the breath demand, and the procedures followed at the hospital.
The court dismissed all Charter applications, finding that the officer had reasonable and probable grounds for the arrest based on a constellation of factors including the unexplained severe collision, observations of disorientation and unsteadiness, odour of alcohol, admission of alcohol consumption, and physical indicators consistent with impairment.
The court found the accused's rights to counsel were properly respected and that the hospital setting did not prevent adequate privacy for consultation with counsel.
The accused was convicted of impaired driving.